Professional Documents
Culture Documents
2023 EducationalPolicy TitleIXPolicyImplementationPrevalence Full
2023 EducationalPolicy TitleIXPolicyImplementationPrevalence Full
net/publication/370117482
CITATIONS READS
0 73
3 authors, including:
Billie-Jo Grant
California Polytechnic State University, San Luis Obispo
15 PUBLICATIONS 97 CITATIONS
SEE PROFILE
Some of the authors of this publication are also working on these related projects:
All content following this page was uploaded by Billie-Jo Grant on 21 April 2023.
Article
Educational Policy
Title IX Policy
1–38
© The Author(s) 2023
Article reuse guidelines:
Implementation and sagepub.com/journals-permissions
DOI: 10.1177/08959048231163809
https://doi.org/10.1177/08959048231163809
Sexual Harassment journals.sagepub.com/home/epx
Prevalence in K-12
Schools
Abstract
This study examined the prevalence of student-to-student and staff-
to-student sexual harassment in K-12 schools and school district compliance
with Title IX using a retrospective survey of young adults. Participants
(n = 511) were asked to describe their knowledge of policies and procedures
regarding Title IX, the prevalence of sexual harassment, and the school’s
observed response to harassment using a 34-item, anonymous online
survey. Descriptive statistics revealed that 13.4% of participants perceived
that sexual harassment at their K-12 school district was at a “moderate”
or “high” level, 50.1% reported that they either knew someone who
experienced sexual harassment by a school employee or experienced it
themselves, and 17.4% (n = 89) of individuals personally experienced one
or more incident of staff-to-student sexual harassment. Nearly all (94%)
students were unable to identify their Title IX compliance officer and 70%
were unaware of how to file grievances. School districts without policies
and materials that address sexual harassment had statistically significantly
1
California Polytechnic State University, San Luis Obispo, USA
2
University of Dubuque, IA, USA
Corresponding Author:
Billie-Jo Grant, California Polytechnic State University, 1 Grand Ave, San Luis Obispo, CA
93407, USA.
Email: bgrant02@calpoly.edu
2 Educational Policy 00(0)
higher rates of harassment than school districts with policies (p = .01) and
materials (p < .01).
Keywords
Title IX, sexual harassment, K-12 education, school employee sexual
misconduct, educator sexual abuse, policy implementation
Introduction
As recognized by the Department of Education, the Supreme Court, Congress,
and other federal agencies, Title IX of the 1972 Education Amendments to
the Higher Education Act prohibits the sexual harassment of students as a
form of discrimination based on sex in education programs and activities. As
a condition of receiving federal financial assistance, school districts are
required to comply with Title IX regulations, including prevention, investiga-
tion, and remediation of complaints. Specifically, among other requirements,
school districts must establish a safe environment, develop and announce
grievance procedures, train their staff, educate students and parents, and
identify a trained compliance officer. This study sought to examine K-12
school district compliance with Title IX using a retrospective survey of young
adults. Participants (n = 511) were asked to describe their knowledge of poli-
cies and procedures, the prevalence of sexual harassment, and the school
district’s observed response to the harassment. This paper will first present
the history and definition of Title IX requirements, followed by the method-
ology for this study, the results, a discussion, and limitations.
Background
History and Definition of Title IX
Title IX advises that “no person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any education program or activity receiving
Federal financial assistance” (Education Amendments Act of 1972, 2018).
Historically, Title IX was synonymous with gender equity in sports (Frost,
2005; Jones, 2010). Title IX is far more complex and holds greater protection
than equity in sports, but the application of Title IX was complicated by the
absence of an explicit reference to sexual harassment. Despite this absence,
the Department of Education, the Supreme Court, Congress, and other fed-
eral agencies have interpreted sexual harassment to be a form of sex
Grant et al. 3
anyone who has sexually abused a minor (Title VIII, March 20, 2019). Yet, as
of August 2021 only 13 states having either enacted or proposed laws (Enough
Abuse 2021) to do so. The lack of compliance with ESSA guidelines, sup-
ports a greater focus on Title IX and sexual harassment in K-12 schools.
were knowledgeable about how sexual assault and harassment are defined in
their district policies. Systemically, our justice system is failing to put time
and effort into refining Title IX, and case law shaping Title IX liability has
not been addressed by the Supreme Court since 1998 (Mayer, 2016).
Shakeshaft et al. (2019) have taken steps to describe specific practices for a
standard of care for the prevention of sexual misconduct by school employ-
ees with categories including policies, hiring, training, and reporting.
Methods
This study used an anonymous retrospective survey of young adults to gather
information concerning students’ knowledge and experiences with K-12
school employee sexual misconduct. The goal of the survey was to get the
most up-to-date data on Title IX policy implementation and prevalence of
sexual misconduct of students by school personnel.
Measure
The survey for this study was comprised of 34 items and took participants
approximately 10 min to complete. Items included questions about their
K-12 school district, their knowledge of policies and procedures, the level
of harassment at their school overall, the experience of students at their
school, and their own experiences with sexual harassment. Survey items
included multiple choice, Likert style questions, select all that apply, and
open-ended response opportunities. The survey was validated with experts
in sexual harassment and school employee sexual misconduct including
Dr. Charol Shakeshaft, Dr. Glenn Lipson, and Terri Miller . The survey
was uploaded to Survey Monkey, an online survey platform, and distrib-
uted using a link. The survey was administered using a single link/contact
between October 2018 and April 2019. All responses were anonymous
and no identifying information was collected and no follow-ups were
conducted.
Data Collection
The study was approved by the Cal Poly State University Institutional
Review Board. The sample for this survey was recruited by university pro-
fessors, Title IX officers, and sexual harassment organizations who were
contacted by email and asked to distribute this survey to their students and
organizations. The survey was completed by college students and other
young adults across the United States (35 states represented). The sample is
therefore convenient, which suggests that these results may be biased to the
students who elected to complete the survey and not representative of those
who elected not to volunteer to complete the survey. The survey was
designed to be delivered to young adults who had already graduated from
K-12 to avoid the need for parental consent to participate. Data was
maintained in a locked office in a password-protected file on a password-
protected computer.
12 Educational Policy 00(0)
Analyses
The analyses for this study were completed in several steps. First, the data
was reviewed for outliers, missing data, and the presence or absence of
response. The authors also ran frequencies and cross tabs to identify any
errors. Responses from 38 individuals were completely removed from analy-
ses due to non-responses for any of the questions. Another 17 responses were
excluded under certain sections of the analysis due to participants giving
incomplete answers to a question or submitting the survey before completing
all questions. With a finalized database composed of 511 respondents, authors
conducted descriptive analyses to examine the survey responses using JMP, a
statistical analyses software. Descriptive statistics included the calculation of
percentages, frequencies, and means across all variables of interest. Chi-
square test, were used to examine the relationship between perceived levels
of sexual harassment and presence of policies and materials. Independent
samples t-tests and one-way ANOVA were used to explore how average sex-
ual harassment ratings varied by student demographics, location, and school
commitment (α = .05). All data is presented in aggregated form.
Results
Level of Harassment at Schools
A total of 511 students completed a series of questions that asked them to rate
the level of sexual harassment at their K-12 school district using a 6-point
Likert scale (None = 0, Very low = 1, Low = 2, Moderate = 3, High = 4, Very
high = 5). For this article average ratings for student-to-student sexual harass-
ment were 2.32 (Low/moderate) and staff-to-student harassment were 1.09
(Very low). Average ratings for student-to-student and staff-to-student sexual
harassment were examined by varying student demographics, location of
their K-12 school and the sexual harassment and prevention materials distrib-
uted by their school district (see Figures 1 and 2 & Tables 1 and 2).
*statistically significant.
*statistically significant.
either had both a policy and handout, a policy or a handout, or neither. When
focusing on a school’s commitment to the prevention and awareness of stu-
dent-to-student harassment, 24.7% of schools had both a policy and hand-
outs, 30.1% had one or the others, and 45.2% had neither. Average ratings for
student-to-student harassment were then examined by the school’s level of
commitment to prevention and awareness. Schools that had both policy and
handouts, had lower level of sexual harassment (2.06) than schools that only
had a policy or a handout (2.37) or neither (2.44), and this difference was
statistically significant (F = 3.40, p = .03). This conveys that the perceived
level of sexual harassment depends on the presence or absence of sexual
harassment prevention policies and prevention and education materials.
37.8%
Another student
28.7%
7.7%
A teacher
13.8%
9.0%
A coach
12.8%
4.1%
A school administrator
5.5%
15.3%
An adult
14.7%
12.2%
A community member
14.2%
4.1%
A family member
2.8%
4.5%
A parent
2.3%
1.8%
Other
0.0%
6.1%
93.9%
Figure 4. Percentage of students reporting whether they could identify their Title
IX Officer.
Teacher 47.2%
Other 3.4%
Volunteer 1.3%
Custodian 1.1%
Principal 0.8%
Note. Total of percentages are not 100 for each row due to rounding.
To someone
Action Total you know To you
Verbally 35.8 (n = 323) 33.9 (n = 243) 42.8 (n = 80)
Inappropriate touching 31.5 (n = 284) 29.5 (n = 211) 39.0 (n = 73)
Forced/consensual sexual contact 15.3 (n = 138) 17.2 (n = 123) 8.0 (n = 15)
Sexual messages or images 14.4 (n = 130) 16.5 (n = 118) 6.4 (n = 12)
Spying 3.1 (n = 28) 2.9 (n = 21) 3.7 (n = 7)
Note. Total of percentages are not 100 for each column due to rounding.
20 Educational Policy 00(0)
To someone
Location Total you know To you
Classroom 38.8 (n = 198) 37.7 (n = 141) 42.2 (n = 57)
Hall 12.2 (n = 62) 12.6 (n = 47) 11.1 (n = 15)
Athletic facilities on school grounds 17.1 (n = 87) 16.0 (n = 60) 20.0 (n = 27)
Cafeteria 2.9 (n = 15) 2.7 (n = 10) 3.7 (n = 5)
Locker room area 7.1 (n = 36) 8.0 (n = 30) 4.4 (n = 6)
Parking lot 3.1 (n = 16) 4.0 (n = 15) 0.7 (n = 1)
Outside the school on school grounds 10.6 (n = 54) 13.1 (n = 49) 3.0 (n = 4)
School transportation 3.9 (n = 20) 2.9 (n = 11) 6.7 (n = 9)
Field trip location 2.5 (n = 13) 2.4 (n = 9) 3.0 (n = 4)
Driver’s education car 1.8 (n = 9) 0.5 (n = 2) 5.2 (n = 7)
Note. Total of percentages are not 100 for each column due to rounding.
Table 6. Percentage of Students Who Reported Who They Told About the
Incident.
Question N Percentage
Who did you tell about the incident?
Friends 55 51.9
Parent or family member 12 11.3
Teacher 5 4.7
School employee 5 4.7
Title IX coordinator 2 1.9
Other 2 1.9
No one 25 23.6
Did other school employees know about the event?
Yes 15 19.2
No 63 80.8
Did the school employee who knew file a formal complaint?
Yes 3 21.4
No 11 78.6
Note. Total of percentages are not 100 for each question due to rounding.
education car each made up less than 5% of where the school employee to
student sexual harassment occurred.
Students were asked to indicate which school employee or employees
sexually harassed them while they attended K-12 schools. Figure 5 lists the
school employees who sexually harassed the students in descending order.
Two hundred fifty-six students described 379 incidents of sexually harass-
ment, 57% (n = 216) of employees were in teaching positions such as teach-
ers, substitute teachers, teacher’s aides/assistants, or student teachers.
Teachers made up the highest percentage of offenders, 47.2% out of all school
employees. A combined 33.3% (n = 125) of employees such as athletic
coaches, athletic trainers or athletic assistant coaches were the second highest
group of offenders. Athletic coaches made up 19.3% of all the school
employee offenders and were the second most offending school employees.
There were 3.7% of students who were sexually harassed by employees in
positions like district administrators, principals, and vice principals. School
employees such as bus drivers and custodians made up 1.4% of the offenders.
School volunteers accounted for 1.3% of the offenders, and 3.4% of students
classified the offenders with dfifferent positions than those listed above.
22 Educational Policy 00(0)
Question N Percentage
How did you feel after the event occurred?
Not upset 17 20.2
A little upset 21 25.0
Somewhat upset 22 26.2
Upset 18 21.4
Very upset 6 7.1
What was the emotional impact?
Felt self-conscious 36 24.2
Felt embarrassed 39 26.2
Felt afraid or scared 21 14.1
Felt less sure of yourself or less confident 22 14.8
Felt confused who you are 8 5.4
Doubted whether you would graduate from high 2 1.3
school
Doubted whether you would continue your education 2 1.3
after graduating
Doubted whether you can have a happy, romantic 10 6.7
relationship
Other 9 6.0
What was the behavioral impact?
Had trouble sleeping 5 5.7
Lost appetite or wasn’t interested in eating 2 2.3
Didn’t want to go to school 11 12.6
Stayed home from school or cut a class 7 8.0
Didn’t talk as much in class 24 27.6
Stopped attending a particular activity or sport 8 9.2
Found it hard to pay attention in school 7 8.0
Changed your group of friends 2 2.3
Changed your seat in class to get farther away from 8 9.2
someone
Thought about changing schools 6 6.9
Got into trouble with school authorities 1 1.1
Got someone to protect you 1 1.1
Other 5 5.7
Note. Total of percentages are not 100 for each question due to rounding.
24 Educational Policy 00(0)
Materials
Present 43.7 (n = 86) 56.3 (n = 111) 8.24 (.00) 16.0 (n = 31) 84.0 (n = 163) 1.97 (.16)
Absence 57.4 (n = 140) 42.6 (n = 104) 21.3 (n = 51) 78.8 (n = 189)
Total 51.2 (n = 226) 48.8 (n = 215) 18.9 (n = 82) 81.1 (n = 352)
Policy
Present 41.8 (n = 84) 58.2 (n = 117) 4.05 (.04) 13.5 (n = 27) 86.5 (n = 172) 0.75 (.39)
Absence 55.7 (n = 39) 44.3 (n = 31) 17.9 (n = 12) 82.1 (n = 55)
Total 45.4 (n = 123) 54.6 (n = 148) 14.6 (n = 39) 85.4 (n = 228)
57.4% 55.7%
43.7% 41.8%
To you
21.3%
17.9%
16.0%
13.5%
Discussion
Historical studies documenting the prevalence of sexual harassment in
K-12 schools have found that from 48% (Hill & Kearl, 2011) up to 70-90%
(Sandler & Stonehill, 2005) of students will experience sexual harassment
by students or school employees and 9.6% will experience harassment by a
school employee (Shakeshaft, 2004). The present study found that 256
26 Educational Policy 00(0)
respondents (50.1%) reported that they either knew someone who experi-
enced sexual harassment by a school employee or experienced it them-
selves. In addition, 42.8% (n = 218) of students reported some level of
sexual harassment from school employees to students (Very Low, Low,
Moderate, High, Very High) and 7.4% (n = 38) of participants believed the
staff-student harassment at their K-12 school district was at a “moderate,”
“high” or “very high” level. The results of this survey provide evidence that
sexual harassment continues to occur despite federal protections. Although
sexual harassment has been addressed more recently in the media with the
“Me Too” movement (2017), schools need to take action to prevent and
effectively respond to cases.
Sexual harassment can have lifelong consequences on students includ-
ing physical, psychological, and behavioral effects that can impact finan-
cial, physical, and emotional health (Afifi et al., 2007; Burgess et al., 2010;
Felitti et al., 1998; Winks, 1982). As noted in this study, of the participants
who reported being sexually harassed personally by a staff member (n = 89),
79.7% (n = 67) said that they were “somewhat upset,” “upset” or “very
upset” after being sexually harassed by a school employee and 26.2% felt
embarrassed, and 24.2% reporting feeling self-conscious and did not talk
much in class after getting sexually harassed by a school employee. Thus,
the cost of sexual harassment and misconduct is detrimental for student
success. More work needs to be done to explore the physical and emotional
effects of sexual misconduct as well as the cost to a person’s ability to be
successful in life.
Title IX is a powerful federal law that encompasses lofty ambitions to
protect students from sexual harassment. Without strong implementation and
accountability of this law, school districts are failing to comply, meaning the
laws may be “symbolic” without consequences for failure to comply (Blumer,
1986). Title IX requirements state that all students should be aware of who
their Title IX compliance officer is and know how to file grievances (B. Grant
et al., 2017; OCR, 2001, 2020). In this study, 94% of students reported being
unaware of who their Title IX compliance officer was and 70% were unaware
of how to file grievances. Given the majority of students are unaware of how
to file a complaint and with whom, reporting may never occur, which can
impact the effectiveness of Title IX. Of the students who reported experienc-
ing sexual harassment, only 1.9% said they told their Title IX officer. Of the
15 students who informed a school employee, only 21.4% (n = 3) of the
employees filed a formal complaint to the school administrators or authori-
ties leaving 78.6% (n = 11) not telling anyone about the harassment the stu-
dent received from a school employee. Despite laws and policies, in the
absence of quality training, ongoing and open communication, awareness,
Grant et al. 27
Appendix—Survey Questions
1. I agree to participate in the research study described above. [Yes/No]
2. How old are you? [Open ended]
3. What year did you graduate high school (YYYY)? [open ended]
4. What selection best describes the K-12 school district you last
attended? [rural, suburban, urban]
5. What is your gender [male/female]
a. Other (please specify)
6. Which race/ethnicity best describes you? (Please choose only one)
7. What was your typical letter grade in grades K-12?
8. How would you classify your family’s income class when you were
in grades K-12?
9. What selection best describes the K-12 school district you last
attended? [public, private]
10. Are you currently a college student?
11. What state was the K-12 school district that you last attended in?
12. Did your K-12 school district distribute materials on sexual harass-
ment prevention and education? [Yes, No, I don’t know]
13. Did these materials specifically address the sexual harassment stu-
dents may receive by school employees? [Yes, No, I don’t know]
14. Did your K-12 district have a sexual harassment prevention policy?
[Yes, No, I don’t know]
15. Did this policy specifically address the sexual harassment students
may receive by school employees? [Yes, No, I don’t know]
16. Did you know how to make a report or file a complaint of sexual
harassment at your K-12 school district? [Yes, No]
17. Did you know who your school’s Title IX officer was? [Yes/No]
18. Were you friends on Facebook/social media with any teacher or other
school employee? [Yes, No, I don’t know]
19. Did your K-12 district have a rule against becoming friends with any
teacher or other school employees on Facebook/social media? [Yes,
No, I don’t know]
20. Were you allowed by K-12 district employees to have teacher or
school employees’ cell phone numbers? [Yes, No, I don’t know]
21. Did you hang out with any teachers or school employees outside of
school or school related activities? [Yes/No]
30 Educational Policy 00(0)
22. What was the level of sexual harassment at your K-12 school district
for each of the following [Don’t Know, None, Very Low, Low,
Moderate, High, Very High]
a. Student to student
b. School employee to student
c. Student to teacher
d. School employee to school employee
e. Female to female
f. Male to male
g. Students sexually harassing LGBTQA+ (lesbian, gay, bisexual,
transgender, queer, asexual) students
h. School employees sexually harassing LGBTQ students
23. Did you fear being sexually harassed by any of the following while
attending your K-12 school district? [Yes, No, Somewhat]
a. Another student
b. A teacher
c. A music, drama or other after school activity supervisor
d. A coach
e. A school administrator
f. An adult
g. A community member
h. A family member
i. A parent (including a step-parent, parent partner (boyfriend or
girlfriend), or foster parent)
j. Other (please specify)
24. Did a school employee do any of the following to a student you knew
while in grades K-12 (You will be asked about your experiences in the
next section)?School employee includes teachers, coaches, adminis-
trators, janitors, assistants, or any other school employees. [Yes, No,
I don’t know]
a. Made sexual comments, jokes gestures, or looks
b. Showed, gave or left sexual pictures, sexual texts, videos, voice-
mail messages
c. Wrote sexual messages on social media such as snapchat,
Facebook, what’s app, tinder, grinder, etc.
d. Spread sexual rumors about them
e. Spied on them as they dressed or showered at schools
f. Spied in other dressing areas such as theater, drama, and music
areas
g. Flashed or mooned them
h. Touched grabbed, or pinched them in a sexual way
i. Intentionally brushed up against them in a sexual way
Grant et al. 31
j. Substitute Teacher
k. Elective Teacher
l. Custodian
m. Student Teacher
n. Volunteer
o Not applicable
p. Other (please specify)
27. Did a school employee do the following to you while enrolled in
grades K-12? School employee includes teachers, coaches, adminis-
trators, janitors, assistants, or any other school employees. [Yes, No,
I don’t know]
a. Made sexual comments, jokes gestures, or looks
b. Showed, gave or left sexual pictures, sexual texts, videos, voice-
mail messages
c. Wrote sexual messages on social media such as snapchat,
Facebook, what’s app, tinder, grinder, etc.
d. Spread sexual rumors about you
e. Spied on you as they dressed or showered at schools
f. Spied in other dressing areas such as theater, drama, and music
areas
g. Flashed or mooned you
h. Touched grabbed, or pinched you in a sexual way
i. Intentionally brushed up against you in a sexual way
j. Blocked their way or cornered you in a sexual way
k. Pulled at your clothing in a sexual way
l. Pulled off or down your clothing
m. Showed them pornographic images or videos
n. Masturbated in front of you
o Forced you to kiss him/her
p. Kissed you when they wanted it to happen
q. Forced you to have oral sex
r. Have oral sex when you wanted it to happen
s. Force you to have vaginal intercourse
t. Have vaginal intercourse when you wanted it to happen
u. Force you to have anal sex
v. Have anal sex when you wanted it to happen
w. Other (please specify)
x. Where did the event(s) occur? Please select all that apply.
y. In a classroom
z. In the hall
aa. In the gym, playing field, courts or pool area
Grant et al. 33
Funding
The author(s) disclosed receipt of the following financial support for the research,
authorship, and/or publication of this article: Partial funding for this study was pro-
vided by the Frost Foundation at California Polytechnic State University, San Luis
Obispo. We are grateful to the Frost Foundation for their support of this study. We
would also like to thank the participants for their time to take this survey – this study
would not have been possible without you.
ORCID iD
Billie-Jo Grant https://orcid.org/0000-0003-0063-3281
Grant et al. 35
References
Abboud, M. J., Wu, G., Pedneault, A., Stohr, M. K., & Hemmens, C. (2020). Educator
sexual misconduct: A statutory analysis. Criminal Justice Policy Review, 31(1),
133–153.
Afifi, T. O., Enns, M. W., Cox, B. J., de Graaf, R., Ten Have, M., & Sareen, J.
(2007). Child abuse and health-related quality of life in adulthood. The Journal
of Nervous and Mental Disease, 195, 797–804.
Associated Press. (2018, October 9). Chicago District Loses Federal Grant Over Title
IX Violations. Education Week. https://www.edweek.org/leadership/chicago-
district-loses-federal-grant-over-title-ix-violations/2018/10
Blad, E. (2017). DeVos actions on title IX, sex assaults could affect K-12 schools.
Education Week, 37(5), 4.
Blumer, H. (1986). Symbolic interactionism. University of California Press.
Brotine, M. (2019). Prompt and equitable: Department of education proposes new
sexual harassment regs. The American School Board Journal, 206(1), 46–47.
Brown, S. (2017). How publicity affects reporting of sexual assaults. The Chronicle
of Higher Education, 63(19), A23–A23.
Burgess, A. W., Welner, M., & Willis, D. G. (2010). Educator sexual abuse: Two case
reports. Journal of Child Sexual Abuse, 19, 387–402.
Cristo, I. (2019). Stepping backward. Nation, 308(11), 10–10.
DeVos, B. A Serious Pursuit of Truth. (2017). A serious pursuit of truth. Vital
Speeches of the Day, 83, 337–342.
Did You Hear?. (2015). Did you hear? District Administration, 51(1), 18–18.
Dillon, S. (2010). Help Stop Bullying, U.S. Tells Educators. New York Times,
160(55205), 12.
Felitti, V. J., Anda, R. F., Nordenberg, D., Williamson, D. F., Spitz, A. M., Edwards,
V., Koss, M. P., & Marks, J. S. (1998). Relationship of childhood abuse and
household dysfunction to many of the leading causes of death in adults. The
Adverse Childhood Experiences (ACE) study. American Journal of Preventive
Medicine, 14(4), 245–258.
Fineran, S., & Bennett, L. (1998). Teenage peer sexual harassment: Implications for
social work practice in education. Social Work, 43(1), 55–64.
Fleming, K. K. (2014). Bullying on the basis of sex: The eighth circuit properly estab-
lished title ix standards of liability for schools in wolfe v. Fayetteville, arkansas
school district. Creighton Law Review, 47(3), 521–538.
Frost, J. (2005). Title IX of the 1972 Education Amendments. Georgetown Journal of
Gender and the Law, 6, 561.
Goldman, R. (2009, February 9). It's the Media That's Too Hot for Teacher. ABC
News. https://abcnews.go.com/US/media-hot-teacher/story?id=3004728.
Grant, B., Wilkerson, S., Pelton, D., Cosby, A., & Henschel, M. (2017). K–12 school
employee sexual misconduct: Lessons learned from Title IX policy implementa-
tion.
Grant, B.-J., Wilkerson, S., & Henschel, M. (2019). Passing the trash: Absence of
state laws allows for continued sexual abuse of K-12 students by school employ-
ees. Journal of Child Sexual Abuse, 28(1), 84–104.
36 Educational Policy 00(0)
Gruber, J. E., & Fineran, S. (2008). Comparing the impact of bullying and sexual
harassment victimization on the mental and physical health of Adolescents. Sex
Roles, 59(1-2), 1–13.
Hand, J. Z., & Sanchez, L. (2000). Badgering or bantering?: Gender differences in
experience of, and reactions to, sexual harassment among U.S, High School
Students. Gender & Society, 14(6), 718–746.
Hartle, T. (2017). Providing transparency to the Title IX process. New England
Journal of Higher Education, 1. https://nebhe.org/journal/providing-transpar-
ency-to-the-title-ix-process/
Henschel, M., & Grant, B. (2019). Exposing School Employee Sexual Abuse and
Misconduct: Shedding Light on a Sensitive Issue. Journal of Child Sexual Abuse,
28(1).
Hill, C., & Kearl, H.; American Association of University Women. (2011). Crossing
the line: Sexual harassment at school (No. 978-1-879922-41–9). American
Association of University Women website: http://ezproxy.dbq.edu:2048/
login?url=http://search.ebscohost.com/login.aspx?direct=true&db=eric&AN=E
D525785&site=ehost-live
Jones, J. (2010). Education department reviewing complaints about inequities in K-12
discipline, supportive services. Diverse: Issues in Higher Education, 27(20), 6–6.
Keierleber, M. (2017, August 10). The Younger Victims of Sexual Violence in
School. The Atlantic. https://www.theatlantic.com/education/archive/2017/08/
the-younger-victims-of-sexual-violence-in-school/536418/
Klein, A., & Blad, E. (2018). DeVos rewrites Title IX guidance on sexual assault and
harassment. Education Week, 38(14), 8–8.
Kurtz, H., Lloyd, S., Harwin, A., & Osher, M.; Editorial Projects in Education (EPE),
E. W. R. C. (2018). Sexual harassment and assault in the K-12 workplace:
Results of a national survey.
Lichty, L. F., & Campbell, R. (2012). Targets and witnesses: Middle school students’
sexual harassment experiences. The Journal of Early Adolescence, 32(3), 414–
430.
Lichty, L. F., Torres, J. M., Valenti, M. T., & Buchanan, N. T. (2008). Sexual harass-
ment policies in K-12 schools: Examining accessibility to students and content.
Journal of School Health, 78(11), 607–614.
Mackinnon, C. A. (2016). In their hands: Restoring institutional liability for sexual
harassment in education. The Yale Law Journal, 125(7), 2038–2105.
Mayer, E. (2016). Schools are employers too: rethinking the Institutional liability
standard in title IX teacher-on-student sexual harassment suits. Georgia Law
Review, 50(3), 909–946.
Me Too Movement. (2017). United States. Library of Congress. https://www.loc.gov/
item/lcwaN0025442/
Meyer, E. J. (2008). Gendered harassment in secondary schools: Understanding
teachers’ (non) interventions. Gender and Education, 20(6), 555–570.
Meyer, E. J., & Somoza-Norton, A. (2018). Addressing sex discrimination with Title
IX coordinators in the #MeToo era. Phi Delta Kappan, 100(2), 8–11.
Grant et al. 37
Meyer, E. J., Somoza-Norton, A., Lovgren, N., Rubin, A., & Quantz, M. (2018). Title
IX coordinators as street-level bureaucrats in U.S. Schools: Challenges address-
ing Sex discrimination in the #MeToo Era. Education Policy Analysis Archives,
26, 68.
Miller, E. M., & Mondschein, E. S. (2017). Sexual harassment and bullying: Similar,
but not the same. What school officials need to know. The Clearing House A
Journal of Educational Strategies Issues and Ideas, 90(5-6), 191–197.
Mitchell, M. W. (2010). Child sexual abuse: A school leadership issue. Clearing
House, 83(3), 101–104.
Prairie View A&M University. (2021, April 26). Study: Teachers' gender, sexual-
ity, age affect perceptions of sexual misconduct of students. PVAMU Home.
Retrieved November 20, 2021, from https://www.pvamu.edu/blog/study-teach-
ers-gender-sexuality-age-affect-perceptions-of-sexual-misconduct-of-students/.
Sandler, B. R., & Stonehill, H. M. (2005). Student-to-student sexual harassment,
K-12: Strategies and solutions for educators to use in the classroom, school, and
community. Rowman & Littlefield Education.
Shakeshaft, C. (2004). Educator sexual misconduct: A synthesis of existing literature.
U.S. Department of Education. Doc #2004-09.
Shakeshaft, C. (2018). Preventing sexual assault in schools. Phi Delta Kappan,
100(2), 40–45.
Shakeshaft, C., Smith, R. L., Keener, S. T., & Shakeshaft, E. (2019). A standard of
care for the prevention of sexual misconduct by school employees. Journal of
Child Sexual Abuse, 28(1), 105–124.
Surface, J. L., Stader, D. L., & Armenta, A. D. (2014). Educator sexual misconduct
and nondisclosure agreements: Policy guidance from Missouri’s Amy Hestir
Student Protection Act. Clearing House, 87(3), 130–133.
Title VI, Civil Rights Act of 1964. (n.d.) Retrieved August 21, 2019, from http://
www.gpo.gov/fdsys/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-
chap21-subchapV.pdf
Title VIII General Provisions [Laws]. (2019, March 20). Retrieved August 30,
2019, from https://www2.ed.gov/policy/elsec/leg/essa/legislation/title-viii.
html#sec8546
Title VII of the Civil Rights Act of 1964. (n.d). Retrieved August 21, 2019, from
https://www.eeoc.gov/laws/statutes/titlevii.cfm
(Title IX) Education Amendments Act of 1972, 20 U.S.C. §§1681 - 1688 (2018).
US Department of Education [US DOE], Office for Civil Rights. (2001, January).
Revised sexual harassment guidance: Harassment of students by school employ-
ees, other students or third parties. https://www2.ed.gov/offices/OCR/archives/
pdf/shguide.pdf
US Department of Education [US DOE], Office for Civil Rights. (2020, May).
Nondiscrimination on the basis of sex in education programs or activities receiv-
ing federal financial assistance. 34 CFR Part 106.
Winks, P. L. (1982). Legal limitations of sexual contact between teachers and stu-
dents. The Journal of Law of Education, 11, 437–477.
38 Educational Policy 00(0)
Young, A. M., Grey, M., & Boyd, C. J. (2009). Adolescents’ experiences of sexual
assault by peers: Prevalence and nature of victimization occurring within and
outside of school. Journal of Youth and Adolescence, 38(8), 1072–1083.
Author Biographies
Billie-Jo Grant – is the author of numerous peer-reviewed articles and research stud-
ies on school employee sexual misconduct funded by organizations such as the
Department of Justice, the U.S. Department of Education and the Centers for Disease
Control. She has been integral in providing legislators with evidence to pass state and
federal legislation and has served as an advisor to the Office for Civil Rights, the
Department of Education, the Ontario College of Teachers, and as an expert witness
for civil cases. She is the COO of McGrath Training Solutions where she provides
training to help schools become safer, more effective learning environments. She also
serves as a lecturer at Cal Poly State University and as a board member for
S.E.S.A.M.E.
Jeffrey Haverland, Ed.D, is the assistant department chair of teacher education and
assistant professor at the University of Dubuque. Previously, he was a middle school
science teacher, curriculum coordinator, principal. He supports educator and student
safety and risk management through ethics trainings; volunteer opportunities and
local, state, and national advocacy.
Jessica Kalbfleish, is a Channel Enablement Analyst at Ribbon Communications.
She has a B.S. in Statistics from Cal Poly State University. She was a Frost Researcher
for this study and helped to clean the survey database, calculate descriptive and infer-
ential statistics and develop tables and charts.